Agenda - 11-14-2017 - D.2 - Unified Development Ordinance (UDO) and Zoning Atlas Amendments

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118 Recent changes by the State and Federal government in flood damage prevention standards, including development of new flood maps, require the County to modify existing regulation(s) in order to continue to be eligible for participation within the NFIP. On direction from the County's Attorney in 2007, staff incorporated available flood mapping data directly onto the County Zoning Atlas creating the Special Flood Hazard Area (SFHA) overlay district. As there are modifications/updates to FEMA flood map data, the County is required to initiate a Zoning Atlas amendment incorporating same. This requires the holding and advertising of both a Planning Board meeting and a BOCC public hearing where the maps amendment(s) are being reviewed (i.e. notification of impacted property owners, notification of property owners within 1,000 ft. of the zoning change, posting of impacted properties with signs advertising the meetings, and legal advertisements). Depending on the scope and timing of FEMA map change(s) there may be significant and unplanned budgetary impacts, as well as significant time commitments, to incorporate said modifications. In consultation with current Attorney's staff, Planning staff is recommending the elimination of the SFHA overlay district and adoption of the flood maps by reference in the UDO. As there are future changes/updates in flood mapping data, staff would complete a UDO text amendment incorporating reference to this new data, but would not have to complete a corresponding zoning atlas amendment. The move would reduce required budgetary outlays to cover notification of an atlas amendment to affected, and adjacent (i.e. those within 1,000 ft.), property owners. Please note as part of our floodplain management program, the Planning Department engages in a public awareness campaign keeping local property owners informed of flood issues as well as the various services offered by the County. This includes an annual letter sent to approximately 1,900 property owners whose property is encumbered by floodplain. This is part of our comprehensive floodplain management outreach program for which the County receives credit under the Community Rating System (CRS) resulting in a reduction in flood insurance premiums for local property owners. The elimination of the SFHA overlay district will not impact or alter existing outreach efforts conducted by the Department to keep property owners aware of flood issues and the various services offered to address compliance with flood regulations. Planning Board Recommendation: At its October 4, 2017 meeting, the Board voted unanimously to recommend approval of the: a. Statement of Consistency and Ordinance amending the Zoning Atlas Amendment eliminating the SFHA Overlay District, and b. Statement of Consistency and Ordinance amending the UDO modifying existing regulations adopting new FIRMs as well as ensuring consistency with new State and Federal flood damage prevention regulations. Draft minutes from this meeting are included in Attachment 3. Planning Board approved Statement(s) of Consistency amending the Zoning Atlas and UDO can be found in Attachment 4. Agenda materials from the October 4, 2017 Planning Board meeting can be viewed at: http://www.orangecountync.gov/10042017AgendaPacket.pdf. The proposed amendment, as deemed legally sufficient by the County's Attorney office and as recommended for approval by the Planning Board, is contained in Attachment 8. Planning Director's Recommendation: The Planning Director recommends approval of the: